Pillsbury’s communications lawyers have published the FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:
- Massachusetts Man Ordered to Cease Using Interfering Home TV Antenna
- Unauthorized Transfers of Arkansas Radio Stations Lead to $8,000 Consent Decree
- STIR/SHAKEN Rule Violations End With $1,000,000 Consent Decree
Interference From Home TV Antenna Moves FCC to Action
The FCC’s Enforcement Bureau recently issued a Notification of Harmful Interference (Notification) directing a Massachusetts man to cease using an indoor digital TV antenna in his home.
Over a two-day period in April 2024, an agent of the FCC’s Boston field office investigated an interference complaint. The agent determined that unauthorized radio emissions in the 813-817 MHz band were interfering with the Massachusetts State Police public safety communications system. The agent ultimately tracked the interference to an indoor digital TV antenna located in a condominium. His suspicions were confirmed when the interference ceased after the device was unplugged.
The Communications Act of 1934 requires devices operating on certain frequencies, including the 800 MHz band, to be licensed by the FCC. Section 15.5(b) of the FCC’s Rules creates a limited exception to this restriction for low power devices where no harmful interference is caused. Section 15.3(m) defines harmful interference as “[a]ny emission, radiation or induction that endangers the functioning of a radio navigation service or of other safety services or seriously degrades, obstructs or repeatedly interrupts a radiocommunications service….”
In September 2024, the Bureau sent a Notification warning to the condominium owner that the TV antenna was causing harmful interference in violation of FCC rules, and should he continue to operate it, he would be subject to severe penalties, including fines, seizure of the equipment, or even imprisonment.
The Notification directed the resident to respond to the FCC within 10 days to describe his operation of the antenna and the steps being taken to ensure no further interference is caused. The FCC indicated it would then determine what enforcement action is warranted to ensure no future violations occur.
Unauthorized Transfers of Control of Arkansas Radio Stations Net $8,000 Consent Decree
The licensee of an AM station and three FM stations in Arkansas failed to obtain required FCC approvals before transferring the licensee’s voting stock from one trust to another, and then transferring a 50% controlling interest in the licensee from the second trust to an individual. To resolve the investigation, the licensee entered into a Consent Decree with the FCC’s Media Bureau which required, among other things, payment of an $8,000 civil penalty.